Hong Kong: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

Hong Kong As The APAC IP Holding Hub Of Choice - Part 2

Hong Kong's reciprocal enforcement arrangements, cross-border insolvency cooperation, preferential tax treatment and financial infrastructure make it an effective IP holding hub for businesses with substantial operations facing the Chinese Mainland. This article examines the practical advantages of using Hong Kong for IP licensing, enforcement and monetization in the context of Mainland China business relationships.

WL

Withers LLP

Hong Kong Litigation Forecast: What To Expect In 2026

Hong Kong's commercial litigation landscape in 2026 is poised for significant developments across fraud-related claims, cryptocurrency disputes, and insolvency matters. The courts are expected to enhance cross-border judicial collaboration while accelerating digital transformation initiatives to streamline dispute resolution processes.

Hong Kong Litigation

KL

Herbert Smith Freehills Kramer LLP

Derivative Actions And Liquidation: Court Of Appeal Confirms Proper Route Is Through Insolvency Regime

The Hong Kong Court of Appeal has dismissed the appeal in Chu Kong v Lau Wing Yan & others [2026] HKCA 1004, affirming the striking out of a double derivative action...

Hong Kong Litigation

KL

Herbert Smith Freehills Kramer LLP

Protecting Assets While Respecting Arbitration: Lessons From Peakwave v Energy Evolution

Two recent Grand Court judgments examine the intersection of arbitration agreements and asset protection in Cayman Islands investment vehicles. When a joint venture dispute involving dividend diversion arose...

Hong Kong Litigation

C

Conyers

Hong Kong Court Recognises Mainland Court-supervised Restructuring Proceedings In Landmark Decision

Hong Kong Insolvency

KL

Herbert Smith Freehills Kramer LLP

Cross-Border Evidence Between Hong Kong And Mainland China: The Arrangement And The CFA's Tenwow Decision

Worldwide Insolvency

H

Hauzen

Xiamen's Landmark Personal Bankruptcy Law

Hong Kong Insolvency

O

ONC Lawyers

Hong Kong Court's Approach To Charging Orders In Context Of Foreign Insolvency Proceedings

Hong Kong Insolvency

KL

Herbert Smith Freehills Kramer LLP

Chabra Injunctions – Freezing Orders To Recover Assets Held By Third Parties

Hong Kong Finance

TL

Timothy Loh LLP

Hong Kong Court Provides Guidance To Foreign Bankruptcy Trustee/Liquidator Seeking Information From Banks In Hong Kong

Hong Kong Insolvency

KL

Herbert Smith Freehills Kramer LLP

What's Next For Hong Kong In The Boundary Between Insolvency And Arbitration Following The Recent BVI Sian Participation Judgment?

Hong Kong Insolvency

OM

O’Melveny

Creditors' And Security Holders' Rights In China Companies Subject To Winding-up Under Hong Kong Law

Hong Kong Finance

HS

Herbert Smith Freehills Kramer

Committees Of Inspection In Hong Kong Liquidations Explained: Who Sits At The Table?

Hong Kong Commercial

AO

A&O Shearman

Doubling Down On Protection: Increased Severance Payment Cap Under Hong Kong's Insolvency Fund

Hong Kong Employment

LS

Lewis Silkin

Securities And Futures Commission’s First Ransomware-related Enforcement Action Signals Tougher Cybersecurity Stance

Hong Kong Strategy

AO

A&O Shearman

Making Hong Kong A Better Global Wealth Management Hub – Further Improvements To Hong Kong’s Unified Funds And Carried Interest Tax Exemption Regimes

WL

Withers LLP

Strengthening Cybersecurity Resilience In The Age Of AI: Key Takeaways From The Hong Kong SFC Circular

Hong Kong Technology

MB

Mayer Brown

Haldanes Law Matters Podcasts – Episode 31 With Guest José-Antonio Maurellet SC: The Future Of Law In Hong Kong

Hong Kong Media & IT

HS

Haldanes

Asia Fund Finance Market Review

Hong Kong Finance

MG

Maples Group

Examining The Effectiveness Of Keepwell Agreements In Cross-Border Financing: Insights From The Latest Judgment Of The Hong Kong Court Of Final Appeal

On June 10, 2023, the Hong Kong Court of Final Appeal delivered its judgment in in the Peking University Founder Group Keepwell Agreement case. This decision has drawn wide-ranging attention...

Hong Kong Insolvency

JT

Beijing Jincheng Tongda & Neal Law Firm

Bilta's Implications For Hong Kong's Corporate Insolvency Regime

On 7 May 2025, the UK Supreme Court (UKSC) handed down a judgment providing useful guidance on the meaning of "fraudulent trading" within s.213 of the Insolvency Act 1986...

Hong Kong Insolvency

D

Deacons

Singapore Apex Court Recognises BVI As The COMI Of A BVI Registered Company – An Examination Of Article 16(3) Of The Model Law

In Re Fullerton Capital Limited (in liquidation) [2025] SGCA 11, the Singapore Court of Appeal has affirmed the importance of a debtor's registered office (in this case in the BVI) as its centre of main interests ("COMI").

Worldwide Insolvency

CO

Carey Olsen

Power To The Liquidators: Recent Decisions From Singapore And Hong Kong And Their Impact On Offshore Liquidations

In today's interconnected global economy, it is paramount for systems to be in place to address the complexities associated with insolvency processes spanning multiple jurisdictions.

Hong Kong Insolvency

CO

Carey Olsen

Must A Foreign Judgment Be Registered Before Being Relied On As A Petitioning Debt?

Hong Kong Insolvency

TD

Tanner De Witt

5 Impactful R&I Cases From 2024

Worldwide Insolvency

TD

Tanner De Witt

Legal Update: Rights vs. Interests – English Decisions Not Followed In In Re Aoyuan Group Limited [2025] HKCFI 310

Hong Kong Litigation

TD

Tanner De Witt

Hong Kong Court Grants Recognition And Assistance To Official Liquidators Appointed In The British Virgin Islands

Hong Kong Insolvency

C

Conyers

Top 5 Hong Kong Publications Of 2024

Hong Kong Finance

C

Conyers

Legal Update: Recognition Order Granted Notwithstanding SFC's Restrictive Notice And Police's Letter Of No Consent

Hong Kong Insolvency

TD

Tanner De Witt

Insolvency And Arbitration: A Landmark Judgment In Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16

Worldwide Litigation

NR

Norton Rose Fulbright Hong Kong

HK Security Of Payment Bill: Government Responds To Submissions From The Public

Hong Kong Insolvency

BC

Bryan Cave Leighton Paisner

Key Takeaways: Monetizing Distressed Assets In Hong Kong

Worldwide Insolvency

WL

Withers LLP

Legal Update: Privy Council's Decision Sian Participation Corp v. Halimeda International Ltd – Are We Back To Square One?

Hong Kong Insolvency

TD

Tanner De Witt

Insolvency And Arbitration: A Landmark Judgment In Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16

The Privy Council has considered an appeal from the Court of Appeal of the Eastern Caribbean Supreme Court, originating from the courts of the British Virgin Islands (BVI), and delivered a landmark...

Worldwide Litigation

NR

Norton Rose Fulbright Hong Kong

HK Security Of Payment Bill: Government Responds To Submissions From The Public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill ("Bill") and held discussions with deputations from different stakeholders at a LegCo meeting on 16 July 2024.

Hong Kong Insolvency

BC

Bryan Cave Leighton Paisner

Key Takeaways: Monetizing Distressed Assets In Hong Kong

The discussion, led by Justin Yip (Singapore), Gary Leung (Hong Kong), and Lam Zhen Yu (Singapore), provided valuable insights for restructuring and insolvency practitioners.

Worldwide Insolvency

WL

Withers LLP

Legal Update: Privy Council's Decision Sian Participation Corp v. Halimeda International Ltd – Are We Back To Square One?

The update arises because of the widely reported Privy Council decision in Re Sian Participation Corp that the English Court of Appeal's decision in Salford Estates was wrongly decided and should no longer...

Hong Kong Insolvency

TD

Tanner De Witt

Derivatives 2024 – Hong Kong Chapter

Hong Kong Finance

MB

Mayer Brown

Charting The Path: Major Developments In Hong Kong Arbitration Law In 2023

In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year.

Hong Kong Litigation

MB

Mayer Brown

Understanding The Trends: A Review Of Insolvency Litigation In Hong Kong In 2023

Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court's updated Practice Direction on Bankruptcy and Winding-Up Proceedings...

Hong Kong Insolvency

MB

Mayer Brown

Mainland And Hong Kong To Expand Scope Of Recognition Of Judgments

The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and the Hong Kong Special Administrative Region will come into effect simultaneously in Mainland China and Hong Kong Special Administrative Region on January 29, 2024.

Hong Kong Litigation

WT

Winston Taylor

Schemes of Arrangement are often used as a successful restructuring tool, whether by way of a scheme promulgated in a company's home jurisdiction or overseas.

Worldwide Insolvency

A

Appleby

Full-steam Ahead For Mainland-Hong Kong Cooperation Mechanism To Recognise And Assist Insolvency Proceedings In Pilot Areas And Beyond

Hong Kong Insolvency

MB

Mayer Brown

A Clever Shortcut? Thoughts On The China Properties Group Case

Hong Kong Insolvency

C

Conyers

Can You Petition For Winding Up If Your Debt Is Subject To Arbitration? The Debate Continues

Hong Kong Litigation

HS

Herbert Smith Freehills Kramer LLP

Keeping The Door Open: Hong Kong Court Reaffirms Commitment To Mutual Recognition Of Insolvency Proceedings With Mainland China

Hong Kong Insolvency

HS

Herbert Smith Freehills Kramer LLP

Derivatives Laws And Regulations 2023

Hong Kong Finance

MB

Mayer Brown

Landmark Court Decision Confirming Effect Of Exclusive Jurisdiction Clauses On Insolvency Proceedings

Hong Kong Insolvency

MB

Mayer Brown

Clearing Up The Cloud? Perhaps Partly, As The Court Of Final Appeal Affirms The Approach To Dismissing Bankruptcy Proceedings In Favour Of The Parties' Agreed Forum

Hong Kong Insolvency

HS

Herbert Smith Freehills Kramer LLP

Hong Kong court recognises that crypto is property

Hong Kong Technology

PA

Piper Alderman

Lending & Secured Finance

Hong Kong Finance

MB

Mayer Brown

Hong Kong Airlines Restructuring: Parallel English Plan And Hong Kong Scheme

Hong Kong Insolvency

MB

Mayer Brown

Insolvenze E Fallimenti: Collaborano I Tribunali Della Cina Continentale E Hong Kong

Hong Kong Insolvency

HC

Horizons Corporate Advisory Co Ltd

Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases

Hong Kong Insolvency

C

Conyers

Hong Kong Court Of Appeal Considers The Effect Of Exclusive Jurisdiction Clause On Bankruptcy Proceedings

Hong Kong Insolvency

HS

Herbert Smith Freehills Kramer LLP

Global Markets And Restructuring Set The Stage For Private Credit Opportunities

Hong Kong Insolvency

FC

FTI Consulting

Hong Kong Court Of Appeal Addresses The Effect Of Exclusive Jurisdiction Clauses On Insolvency Proceedings

Hong Kong Insolvency

MB

Mayer Brown

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Latest Videos

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Are My Assets That Are Held In A Specific Holding Company Protected From Creditors? (Video)

CG

Cooper Grace Ward

SARFAESI Appeals & Pre-Deposit: Calcutta High Court On OTS Orders | Podcast Bites (Video)

IL

IndiaLaw LLP

Behind The Scenes Reveal - Virgin Australia (Video)

OB

Omni Bridgeway

Refusing To Pay An Invoice: When A Dispute Justifies Non-Payment

SL

Stonegate Legal

Struggling With Personal Debts (Video)

W

Worrells

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